Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Forms and submission.
All applications pursuant to parts 6115.0150 to 6115.0280
shall be made on forms prepared by the department and submitted to the regional
office for the area where the majority of the proposed project is
located.
Subp. 2.
Who
may apply.
Applications shall be submitted by the riparian owner of the
land on which a project is proposed, except:
A. a governmental agency, public utility, or
corporation authorized by law to conduct the project may apply if the property
rights acquired or to be acquired are fully described in the
application;
B. a holder of
appropriate property rights such as a lease or easement may apply if the
application is countersigned by the owner and accompanied by a copy of the
lease or other agreement. A permit shall be issued for the term of the lease
only, subject to cancellation prior to the termination date of the agreement if
the agreement is canceled; and
C. a
prospective lessee of state-owned lands may apply for a permit in the
applicant's own name after requesting a lease from the departmental official
responsible for the affected lands. Both the lease request and the permit
application shall be processed concurrently with appropriate
coordination.
Subp. 3.
Information required.
Pursuant to Minnesota Statutes, section
103G.305,
an application is complete when:
A. it
includes all of the information specified in parts 6115.0150 to
6115.0280;
B. it is accompanied by
appropriate photographs, maps, sketches, drawings, or other plans that
adequately describe the proposed project;
C. it includes a brief statement regarding
the following points:
(1) anticipated changes
in water and related land resources;
(2) unavoidable anticipated detrimental
effects on the natural environment;
(3) alternatives to the proposed
action;
(4) that the proposed
project is reasonable and practical and will adequately protect public safety
and promote the public welfare; and
(5) a demonstration by the applicant that the
proposed activity authorized by part 6115.0190, subpart 5; 6115.0200, subpart
5; 6115.0210, subpart 5; 6115.0215, subpart 5; 6115.0220, subpart 5; 6115.0230,
subpart 5; 6115.0270, subpart 4; or 6115.0280, subpart 4, complies with all the
following principles in descending order of priority:
(a) avoids direct or indirect impacts to
public waters that may destroy or diminish the public waters;
(b) minimizes the impact to the public water
by limiting the degree or magnitude of the public water activity and its
implementation;
(c) rectifies the
impact by repairing, rehabilitating, or restoring the affected public
water;
(d) reduces or eliminates
the impact to the public water over time by preservation and maintenance
operations; and
(e) for a major
change in the public waters, replaces unavoidable impacts to the public water
by restoring degraded or impacted public waters having equal or greater public
value or, if public waters restoration opportunities are not reasonably
available, creating and protecting additional replacement water areas having
greater public value;
D. application fees are paid. Final permits
shall not be issued until any field inspection fees are paid; and
E. proof of service of a copy of the
application and accompanying documents on the mayor of the city or the
secretary of the board of the district is included with the application if the
project is within or affects a city, watershed district, or soil and water
conservation district.
Subp.
4.
Fees.
All applications shall be accompanied by an application fee
as required by part 6115.0060. An additional fee may be charged for field
inspections conducted by department personnel in the course of review subject
to the provisions of part 6115.0080.
Statutory Authority: MS s
103G.315;
105.415
